2011-2012 Legislative Docket

This is a listing of bills SERA is following because they potentially affect state employee retirees and near retirees. Click on the links to see the status of the bills on the Michigan Legislature website.

As of March 12, 2011

House

See the House Committees webpage.

HB 4060, RETIREMENT, Fire and Police, Limit amount of defined benefit pension of municipal fire and police as a percent of base pay. (Geiss, Doug, 01/13/11) Amends 1937 PA 345 by amending section 6 (MCL 38.556), as amended by 2003 PA 8. REFERRED TO OVERSIGHT, REFORM AND ETHICS

HB 4081, RETIREMENT, Legislative, Eliminate retirement health care benefits for legislators. (Slavens, Dian, 01/13/11) Amends 1957 PA 261 by amending sections 50b and 75 (MCL 38.1050b and 38.1075), as amended by 1998 PA 501. REFERRED TO OVERSIGHT, REFORM AND ETHICS

HB 4087, RETIREMENT, Legislative, Eliminate retirement health care benefits for legislators. (Johnson, Joel, 01/18/11) Amends 1957 PA 261 by amending sections 50b, 75, and 79 (MCL 38.1050b, 38.1075, and 38.1079), sections 50b and 75 as amended by 1998 PA 501 and section 79 as amended by 2006 PA 614 and by adding section 79a. REFERRED TO OVERSIGHT, REFORM AND ETHICS

HB 4139, INSURANCE, Health, Require health care beneficiary eligibility audit for certain public employers. (Melton, Tim, 01/26/11) Amends 1984 PA 431 (MCl 18.1101 to 18.1594) by adding section 280. REFERRED TO GOVERNMENT OPERATIONS

HB 4140, PUBLIC EMPLOYEES AND OFFICERS; Compensation and Benefits, NEW, Create and implement uniform health coverage plan. (Melton, Tim, 01/26/11) REFERRED TO GOVERNMENT OPERATIONS

HB 4152, LABOR, Collective Bargaining, Freeze wages and benefits for certain public employees during contract negotiations. (Knollenberg, Marty, 01/26/11) Amends 1947 PA 336 (MCL 423.201 to 423.217) by adding section 7b. REFERRED TO OVERSIGHT, REFORM AND ETHICS

HB 4156, RETIREMENT, Investments, Require posting of certain pension board expenditures. (McMillin, Tom, 01/26/11) Amends 1965PA 314 by amending section 13 (MCL 38.1133), as amended by 2009 PA 84. REFERRED TO OVERSIGHT, REFORM AND ETHICS

HB 4159 (Repeal sunset on state employee retirement benefit co-pays) Introduced by Rep. Pete Lund (R) on January 27, 2011, to repeal the three-year sunset on the requirement passed in 2010 that school and state employees must contribute an additional 3 percent toward their post retirement health care benefits. Referred to the House Oversight, Reform, and Ethics Committee on January 27, 2011. Reported in the House on February 22, 2011, without amendment and with the recommendation that the bill pass.

HB 4172, LABOR, Public Service Employment, NEW, Increase public employee contribution to employer-provider health care benefits. (Farrington, Jeff, 02/01/11) REFERRED TO GOVERNMENT OPERATIONS. “Beginning October 1, 2011, a public employer that offers health insurance to its employees or elected officials shall pay no more than 80% of the premium or other cost of the health insurance plan for single person coverage and no more than 75% for 2-party, employee and children, or full-family coverage.” . . . “The requirements of section 5 apply to all public employees to the greatest extent consistent with constitutionally allocated powers. Accordingly, this act does not apply to employees in the state classified service; to state police troopers and sergeants, to the extent it would impair constitutionally protected bargaining rights; or to university employees, to the extent that it would interfere with constitutionally granted university autonomy.” [Unclear what effect it might have on retiree health care benefit.]

HB 4223, RETIREMENT, Investments, Increase cap on alternative investments. (Jackson, Shanelle, 02/09/11) Amends 1965 PA 314 by amending section 13 (MCL 38.1133), as amended by 2009 PA 84 and by adding section 13e. REFERRED TO OVERSIGHT, REFORMS AND ETHICS

HB 4327, CIVIL PROCEDURE, Evidence, Allow testimony of a vulnerable adult to be presented by videotape or closed-circuit television under certain circumstances. (Brunner, Charles, 02/24/11) mends 1961 PA 236 by amending section 2163a (MLC 600.2163a), as amended by 2002 PA 604. REFERRED TO JUDICIARY

HB 4328, INSURANCE, Annuities, Provide for regulation of annuity sales. (Constan, Bob, 02/24/11) Amends 1956 PA 218 by amending sections 4151, 4153, 4155, and 4165 (MCL 500.4151, 500.4153, 500.4155, and 500.4165), as added by 2006 PA 399 and by adding sections 4158, 4159, 4160, and 4162 and chapter 41b; and to repeal acts and parts of acts. REFERRED TO INSURANCE

HB 4229 Criminal procedure; sentencing guidelines; sentencing guidelines for viatical settlement fraud; enact. Amends sec. 15a, ch. XVII of 1927 PA 175 (MCL 777.15a). TIE BAR WITH: HB 4230'11

HB 4230 (Revise viatical settlements law ) Introduced by Rep. Barb Byrum (D) on February 10, 2011, to adopt various revisions to the state law on viatical settlements recommended by the National Association of Insurance Commissioners. Viatical settlements allow a person to invest in another person's life insurance policy by purchasing the policy (or part of it) at a price that is less than the death benefit of the policy. When the seller dies, the purchaser collects the death benefit. This is a means for life insurance owners to get cash before they die. Referred to the House Insurance Committee on February 10, 2011.

HB 4331, PROBATE, Wills and Estates, Provide for forfeiture and revocation of benefits for individuals who abused, neglected, or exploited decedent. (Womack, Jimmy, 02/24/11) Amends 1998 PA 386 by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804). REFERRED TO JUDICIARY

HB 4332, LAW ENFORCEMENT, Reports, NEW, Provide for missing senior or vulnerable adult alert program. (Meadows, Mark, 02/24/11) REFERRED TO FAMILIES, CHILDREN, AND SENIORS

HB 4333, HUMAN SERVICES, Other, Require of financial institutions mandatory reporting of suspected financial exploration of certain adults. (Hovey-Wright, Marcia, 02/24/11) Amends 1939 PA280 by amending section 11a (MCL 400.11a), as amended by 1990 PA 122. REFERRED TO FAMILIES, CHILDREN, AND SENIORS

HB 4334, COUNTIES, Employees and Officers, Allow county medical examiner to establish an elder death review team. (Bauer, Joan, 02/24/11) Amends 1953 PA 181 by amending sections 1c, 2, and 3, (MCL 52.201c, 52.202, and 52.203), section 2 as amended by 2004 PA 153 and section 3 as amended by 2006 PA 569. REFERRED TO FAMILIES, CHILDREN, AND SENIORS

HB 4335, PROBATE, Guardians and Conservators, Require court to consider appointment of conservator if person under a guardianship has liquid assets of more than a certain limit. (Segal, Kate, 02/24/11) Amends 1998 PA 386 by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464, and by adding section 5319. REFERRED TO JUDICIARY

HB 4336, PROBATE, Guardians and Conservators, Require bond if protected individual has liquid assets over certain limits. (Irwin, Jeff, 02/24/11) Amends 1998 PA 386 by amending section 5410 (MCL 700.5410. REFERRED TO JUDICIARY

HB 4337, CRIMES, Other, Revise penalties for crime of obtaining signature by fraud. (Bledsoe, Timothy, 02/24/11) Amends 1931 PA 328 by amending sections 159g and 273 (MCL 750.159g and 750.273) section 159g as amended by 2010 PA 362. REFERRED TO JUDICIARY

HB 4338, CRIMINAL PROCEDURE, Other, Require by certain local agencies development of investigative protocols and abuse and neglect interview protocols for vulnerable adults. (Darany, George, 02/24/11) Amends 1939 PA 280 by amending section 11b (MCL 400.11b), as amended by 2000 PA 61. REFERRED TO FAMILIES, CHILDREN, AND SENIORS

HB 4339, CRIMINAL PROCEDURE, Sentencing Guidelines, Revise sentencing guidelines for crime of financial exploitation of vulnerable adult to reflect increased penalties. (Brown, Lisa, 02/24/11) Amends 1927 PA 175 by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2010 PA 95. REFERRED TO JUDICIARY

HB 4340, CRIMES, Embezzlement, Increase penalties for financial exploitation of vulnerable adults under certain circumstances. (Slavens, Dian, 02/24/11) Amends 1931 PA 328 by amending section 174a (MCL 750.174a), as amended by 2004 PA 255. REFERRED TO JUDICIARY

HB 4341, TRADE, Securities, Regulate variable annuities as securities. (Barnett, Vicki, 02/24/11) Amends 2008 PA 551 by amending section 102c (MCl 451.2102c). REFERRED TO BANKING AND FINANCIAL SERVICES

HB 4342, PROBATE, Guardians and Conservators, Clarify grant of full or limited powers to guardian of legally incapacitated individual. (Talabi, Alberta Tinsley, 01/26/11) Amends 1998 PA 386 by amending sections 5306, 5314, 5315, and 5316 (MCL 700.5306, 700.5314, 700.5315, and 700.5316), section 5306 as amended by 2004 PA 532, section 5314 as amended by 2000 PA 469, and section 5316 as amended by 2000 PA 54, and by adding section 5306a. REFERRED TO JUDICIARY

HB 4343, CRIMINAL PROCEDURE, Sentencing Guidelines, Revise sentencing guidelines for crime of obtaining signature by fraud. (Durhal Jr., Fred, 02/24/11) Amends 1927 PA 175 by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2010 PA 130. REFERRED TO JUDICIARY

HB 4344, PROBATE, Powers of Attorney, Require written acknowledgment of responsibilities by agent appointed under a power of attorney. (Stapleton, Maureen, 02/24/11) Amends 1998 PA 386 by amending section 5501 (MCl 700.5501). REFERRED TO JUDICIARY

HB 4345, CRIMINAL PROCEDURE, Arrests, Prohibit magistrate from refusing to accept complaint and complainant's signature requirement to file a criminal complaint in cases alleging vulnerable adult abuse because signed upon information and belief by individual other than the victim. (Ananich, Jim, 02/24/11) Amends 1927 PA 175 by amending section 1a of chapter IV (MCL 764.1a), as amended by 2005 PA 106. REFERRED TO JUDICIARY

HB 4361, INCOME TAX, Rate, Provide for general revisions and implementation of a corporate income tax. (Gilbert II, Judson, 03/01/11) Amends 1967 PA 281 by amending the title and sections 2, 4, 6, 24, 26, 28, 30, 30f, 36, 51, 51a, 52, 91, 102, 103, 105, 110, 115, 132, 195, 201, 251, 255, 256, 265, 266, 270, 271, 278, 301, 311, 315, 322, 325, 351, 355, 365, 402, 408, 451, 455, 471, 475, 510, 512, 514, 520, 522, 526, 527a, 530, and 532 (MCL 206.2, 206.4, 206.6, 206.24, 206.26, 206.28, 206.30, 206.30f, 206.36, 206.51, 206.51a, 206.52, 206.91, 206.102, 206.103, 206.105, 206.110, 206.115, 206.132, 206.195, 206.201, 206.251, 206.255, 206.256, 206.265, 206.266, 206.270, 206.271, 206.278, 206.301, 206.311, 206.315, 206.322, 206.325, 206.351, 206.355, 206.365, 206.402, 206.408, 206.451, 206.455,206.471, 206.475, 206.510, 206.512, 206.514, 206.520, 206.522, 206.526, 206.527a, 206.530, and 206.532), section 4 as amended by2003 PA 52, section 26 as amended by 2003 PA 50, section 30 as amended by 2009 PA 134, section 30f as added by 2000 PA 163, sections 51 and 270 as amended by 2007 PA 94, sections 51a, 255, 256, 301, and 475 as amended by 1996 PA 484, section 52 as added by 1988 PA 1, section 110 as amended by 2003 PA 21, section 265 as amended by 1998 PA 19, section 266 as amended by 2008 PA 447, section 278 as added by 2010 PA 235, section 311 as amended by 2004 PA 199, section 315 as amended by 2003 PA 49, sections 325 and 514 as amended by 1987 PA 254, sections 351, 355, and 365 as amended by 2008 PA 360, section 402 as added and section 408 as amended by 1980 PA 169, section 451 as amended by 2003 PA 46, section 471 as amended by 2002 PA 486, sections 510 and 520 as amended by 1995 PA 245, section 512 as amended by 2003 PA 29, section 522 as amended by 2000 PA 41, section 527a as amended by 2004 PA 335, and section 530 as amended by 1982 PA 480, by designating sections 1 to 532 as part 1, and by adding section 421 and part 2; and to repeal acts and parts of acts. REFERRED TO TAX POLICY

HB 4362, MICHIGAN BUSINESS TAX; Replacement, Provide for option to claim certain certificated credits after enactment of a corporate income tax act. (Gilbert II, Judson, 03/01/11) Amends 2007 PA 36 by amending sections 107 and 117 (MCL 208.1107 and 208.1117), section 117 as amended by 2009 PA 142, and by adding section 500; and to repeal acts and parts of acts. REFERRED TO TAX POLICY

HJR N, STATE AGENCIES (EXISTING); Civil Service, NEW , Abolish civil service commission. (Knollenberg, Marty, 03/01/11) REFERRED TO OVERSIGHT, REFORMS AND ETHICS

HR 10, A resolution to call upon the Governor to work to impose an immediate freeze on all state employee compensation, including all wages, for a period of 3 years. (Somerville, Pat, 01/18/11) REFERRED TO GOVERNMENT OPERATIONS

Senate

See the Senate Committees webpage.

SB 7, LABOR, Public Service Employment, NEW, Provide for mandated public employee contribution to employer-provided health care benefits. (Jansen, Mark, 01/19/11) REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING. This bill prohibits a public employer from paying more than 80% of the premium unless there is a health savings account program with a high deductible insurance policy provided; in that case, 90% can be paid. “The requirements of section 5 or 7 apply to all public employees to the greatest extent consistent with constitutionally allocated powers, whether or not a public employee is a member of a collective bargaining unit.” [Unclear what effect it might have on retiree health care benefit.]

SB 26, RETIREMENT, Legislative, Eliminate retirement health care benefits for legislators. (Jones, Rick, 01/19/11) Amends 1957 PA 261 by amending sections 50b, 75, and 69 (MCL 38.1050b, 38.1075, and 38..1079), sections 50b and 75 as amended by 1998 PA 501 and section 79 as amended by 2006 PA 614 and by adding section 79a. REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING

SB 0080, CRIMES, Embezzlement, Increase under certain circumstances penalties for financial exploitation of vulnerable adults. (Whitmer, Gretchen, 01/27/11) Amends 1931 PA 328 by amending section 174a (MCL 750.174a), as amended by 2004 PA 255. REFERRED TO JUDICIARY

SB 81, CRIMINAL PROCEDURE, Sentencing Guidelines, Revise sentencing guidelines for crime of financial exploitation of vulnerable adult to reflect increased penalties. (Whitmer, Gretchen, 01/27/11) Amends 1927 PA 175 by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2010 PA 95. REFERRED TO JUDICIARY

SJR B, LABOR, Public Service Employment, NEW, Provide for constitutional amendment for salary reduction for public employees and temporary pay freeze. (Pappageorge, John, 01/19/11) REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING

SJR C, LABOR, Civil Service Employment, NEW, Allow legislature to regulate health benefits of public employees and officers. (Jansen, Mark, 01/19/11) REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING

SB 108, INCOME TAX, Credit, Provide for credit for the purchase of hearing aids. (Hunter, Tupac A., 02/08/11) Amends 1967 PA 281 (MCL 206.1 to 106.532) by adding section 273. REFERRED TO FINANCE

SB 128 Criminal procedure; sentencing guidelines; sentencing guidelines for viatical settlement fraud; enact. Amends sec. 15a, ch. XVII of 1927 PA 175 (MCL 777.15a).

SB 129 (Revise viatical settlements law ) Introduced by Sen. Arlan Meekhof (R) on February 10, 2011, to adopt various revisions to the state law on viatical settlements recommended by the National Association of Insurance Commissioners. Viatical settlements allow a person to invest in another person's life insurance policy by purchasing the policy (or part of it) at a price that is less than the death benefit of the policy. When the seller dies, the purchaser collects the death benefit. This is a means for life insurance owners to get cash before they die. Referred to the Senate Insurance Committee on February 10, 2011.

SB 202, RETIREMENT, Legislative, Modify state defined benefit plan for certain legislators. (Bieda, Steven, 02/24/11) Amends 1957 PA 261 by amending sections 6 and 17a (MCL 38.1006 and 28.1017a), section 6 as amended by 1996 PA 486 and section 17a as amended by 1981 PA 185, and by adding section 17e. REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING

SB 203, RETIREMENT, Legislative, Revise for legislative retirement system age requirement to draw benefits, vesting schedule, and effective date. (Caswell, Bruce, 02/24/11) Amends 1957 PA 261 by amending sections 50b, 75, and 79 (MCL 38.105b, 38.1075, and 28.1079), sections 50b and 75 as amended by 1998 PA 501 and sections 79 as amended by 2006 PA 614, and by adding section 79a. REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING

SB 221, HEALTH; Home Health Care, Require in-home services agencies to be licensed. (Jansen, Mark C., 03/02/11) Amends 1978 PA 368 by amending sections 20106, 20108, 20115, and 20142 (MCL 333.20106, 333.20108, 333.20115, and 333.20142), section 20166 as amended by 2000 PA 253, section 20108 as amended by 1990 PA 179 and section 20115 as amended by 1999 PA 206 and by adding part 218. REFERRED TO HEALTH POLICY

SB 260, LAW ENFORCEMENT, Reports, NEW, Provide for missing senior or vulnerable adult alert program. (Whitmer, Gretchen, 03/10/11) REFERRED TO JUDICIARY

SCR 9, A concurrent resolution to reject the proposed increase in rates of compensation recommended by the Civil Service Commission and contained in the Executive Budget for Fiscal Year 2011-2012 relative to the extension of health benefits to adults and their dependents living with but not related to a classified employee. (Jansen, Mark C., 02/24/11) REFERRED TO CMTE ON REFORMS, RESTRUCTURING AND REINVENTING

SJR B, LABOR, Public Service Employment, NEW, Provide for constitutional amendment for salary reduction for public employees and temporary pay freeze. (Pappageorge, John, 01/19/11) REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING

SJR C, LABOR, Civil Service Employment, NEW, Allow legislature to regulate health benefits of public employees and officers. (Jansen, Mark, 01/19/11) REFERRED TO REFORMS, RESTRUCTURING AND REINVENTING